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The landlord in Stevenage can get enforcement by high court enforcement officer by simply applying to the county court to transfer its possession order from county court to High Court which is also an alternative to possession order implementation by the issuance of the warrant of possession from the County Court.
HCEO's are commonly referred to as agents of enforcement, or Sheriffs in Stevenage.
The High Court can impose a possession order in Stevenage, Hitchin, or Letchworth Garden City if:
When the possession hearing takes place in the Hertfordshire High Court, as this is unusual because the possession order is normally transferred to the county court when a landlord in Stevenage applies for it in the High Court, however, the hearing can take place in the High Court in some exceptional situations like important points of law or complicated disputes of fact.
The landlord in Stevenage requests the county court to transfer the possession order to the High Court for execution by an HCEO.
The regional court has the jurisdiction to determine whether or not to move enforcement in Hitchin, Stevenage, or Letchworth Garden City to high court.
During the proceedings of a possession order in the county court, the landlord in Stevenage can plea enforcement to bed moved to the High Court.
If the Stevenage landlord has already got the possession order from County Court, then he can request the County Court by an application to transfer the order to the High Court for further enforcement.
An application for transfer cannot be made if there are any pending applications from the tenant in Stevenage, for example, an appeal against the possession order.
If the total costs including the unpaid rent along with court expenses are over £600, the owner of the property can appeal for warrant of control for recovering the owed money in Stevenage, Letchworth Garden City, or Hitchin.
A writ of control provides for the sale and seizure of the tenant's goods in Stevenage - this was formerly known as a writ of fi fa or writ of Fieri facias.
The debt cannot be transferred to the High Court for Enforcement if it's regulated by the Consumer Credit Act 1974 as CCA regulated agreements in Hertfordshire can only be enforced by the County Court.
The reasons that may lead to a landlord in Stevenage asking for a transfer of the order to the High Court for enforcement include that:
Enforcement in Stevenage is usually faster by HCEOs than by county court bailiffs
The slow process of execution by bailiffs of county courts in Hertfordshire results in losses for landlords due to unpaid rent
Prevention of further damage to the Stevenage property and/or anti-social behaviour
The High court officer can seize goods in Stevenage while enforcing the possession to recover money owed
8% interest rate, for arrears on the judgment debt will accrue from the time of the order transfer.
Since the speed of eviction is faster but the cost of using a HCEO for eviction in Stevenage is higher than the Hertfordshire county court bailiffs, a tenant may decide to object to a request to move compliance to the High Court.
The tenant could have the following reasons:
The Stevenage landlord did not provide significant evidence that shows the county court bailiffs couldn't facilitate the eviction in good time
The involved cost are unbalanced
He/she needs the excess time to find somewhere else to stay in Letchworth Garden City, Hitchin, or Stevenage before being evicted
The decision of the Stevenage court to oppose the transfer of order will be influenced by several factors that affect the tenant such as if the tenant has children or has significant rent arrears.
If the County Court in Hertfordshire grants the landlord's transfer application, the writ of possession can't be issued until there is expressed permission by the High Court, and the exceptions to the rule are:
There may not be a need for permission if the application for writ of possession is facilitated by breach of a possession order, such as a suspended possession order or unpaid rent in Stevenage.
Once the landlord in Stevenage, Letchworth Garden City, or Hitchin contains a permission for enforcement of possession order from high court, he is bound to deliver notices of application to each party who is residing or using the premises.
The landlord must also give sufficient notice to the Stevenage tenants to ensure they are aware of the transfer of the possession order to the High Court.
In Hertfordshire, it is not required to give the notice in a specific form.
The notice must include the fact of case; this is the vital part of the notice.
If there is only one tenant in Stevenage in the property who is already aware that the case has been transferred to the High Court, in this case, a reminder of the terms of the court order from the landlord and a request that possession is given up can be considered sufficient notice.
Failing to provide sufficient notice, or to provide full information to the Court about pending applications or court appeals against the possession proceedings, can cause writ possession to be set aside, ever after its execution in Stevenage.
There were several HCEOs in Hertfordshire who tried to bypass the stipulated process by making an application directly to the high court to take control of the issue under section 41 or by using form N293A incorrectly that is against tenants instead of trespassers.
An issuance of practice note from high court through Senior Master on March 21, 2016, to avoid these malpractices in future.
The HCEOs can carry out enforcement of a possession order in Stevenage faster than the county court bailiffs.
A HCEO can execute a writ of possession in just a few days after the landlord's notice of application for permission has expired or of the issue of writ of possession in Hitchin, Stevenage, or Letchworth Garden City.
HCEO does not need any requirement to notify the tenants in Stevenage in advance of their visit and the time they will execute the writ of possession, although it is common practice to drop off the writ and return a few days later.
The HCEO must give the tenant a seven days' notice if they are seeking to seize money or goods, and recover possession of the property in Stevenage.
The Hertfordshire High Court reserves the right to stay or set aside a writ of control or a writ of possession.
Form N244 should be used to make an application to the High Court.
So, it is the responsibility of the tenant in Stevenage to inform HCEO if the stay is set aside or issued as the High court may not inform them.
Any other application must be made through the Hertfordshire county court, for example, setting aside the possession order that was original.
The role of commercial agencies is assigned to HCEOs in Stevenage and authorised by the High Court, not the Court employees.
The names of authorized HCEOs in Wales and England permitted to carry out an execution of High Court writs are contained in the HCEO directory.
High Court Enforcement Officers (HCEOs) are bound by some codes of practice.
A possession order may not be imposed during Christmas, Sundays or Good Friday in Stevenage unless court affirms.
As from 6th April 2014, there are regulations that govern the actions bailiffs and HCEOs in Stevenage when seizing tenant goods.
The laws require that an HCEO should not:
HCEOs must not enter a Hertfordshire residential property before 6am and after 9pm, except if the court authorized that
Enter a premise in Stevenage if the only person inside is someone under the age of 16
Take important household items like a fridge, washing machine, or cooker
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